NFC South blog

The sources said the union is seeking a decision and/or clarification regarding the league's policy that stipulates a second franchise tag is a 120 percent bump from the first tag and the third time is 144 percent.

Brees' current tag is worth $16.371 million. According to ESPN.com senior NFL writer John Clayton, a 144 percent bump would put Brees' cap number at $23,574,240, though an exclusive tag could raise the number a little higher. That would put his two-year earnings at $39,945,240, a little less than $20 million a year.

The Saints and Brees are locked in a protracted contract battle and the sides have until July 16 to hammer out a long-term extension.

The applicable language in the collective bargaining agreement says "any club that designates a player for the third time ..."

The union's position is the CBA intended for a player to be franchised no more than three times.

Information from ESPN.com senior NFL writer John Clayton and The Associated Press contributed to this report.